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National Assembly Legislation

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  • Partial Amendment to the Aviation Safety Act
    • Competent Ministry : Ministry of Land, Infrastructure and Transport
    • Advance Publication of Legislation : 2022-09-27
    • Opinion Submission Deadline : 2022-10-11
Reasons for Proposal

Reasons for Proposal


The current Act allows the general public to engage in aviation activities without any restrictions using ultra-light vehicles, but it requires those who wish to fly an ultra-light vehicle used in the sport and leisure aviation service business to obtain certification as an ultra-light vehicle pilot.

However, although those who provide pilot training free of charge for personal leisure activities without certification as an ultra-light aircraft pilot and the unsatisfactory safety capabilities in flying an aircraft in terms of emergency response knowhow and inspection before flying by those who are engaged in the sport and leisure aviation service business after obtaining the certification as a pilot have been pointed out as the cause of accidents, there are institutional loopholes of having no legal grounds to provide safety training for how to respond to crises that occur while flying an ultra-light vehicle and knowledge of other safety rules for pilots. 

 

Accordingly, the amendment will make it mandatory for those persons who provide pilot training free of charge for personal leisure activities using an ultra-light vehicle or who are engaged in the sport and leisure aviation service business to undergo the minimum safety training so as to improve the system that has been unsatisfactory in the past.

 


Major Provisions


A. Require those who wish to fly using ultra-light vehicle set under Ordinance of the Ministry of Land, Infrastructure and Transport, such as paragliders, to undergo safety training prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, and prescribe the delegation grounds for Ordinance of the Ministry of Land, Infrastructure and Transport to determine the details, timing, and method of the safety training (Article 125-2 newly inserted).


B. Allow the suspension of the effect of the certification of the ultra-light vehicle pilot if a person who has obtained certification as an ultra-light vehicle pilot set under Ordinance of the Ministry of Land, Infrastructure and Transport flies an ultra-light vehicle without undergoing safety training (Article 125 (5) 3-4 newly inserted).


C. Clearly define the ultra-light vehicle pilot that has been unclear so far, as a person who flies using an ultra-light vehicle (Article 129 (1)).


D. Allow the consignment of duties on ultra-light vehicle-related safety training to an institution designed by the Minister of Land, Infrastructure and Transport as prescribed by Presidential Decree (Article 135 (9) newly inserted).


E. Allow the consignment of the permission for the test flight of light sport aircraft and ultra-light vehicles, and safety certification duties to the Korea Institute of Aviation Safety Technology (Article 135 (8) 4 and 5 newly inserted).


F. Incorporate the regulation on the grounds for fees set under an Ordinance of the Ministry of Land, Infrastructure and Transport into the Act because current regulation on fees provides integrated prescription—the provisions concerning the collection of fees that should have been prescribed in detail by Act (Article 136 (1) newly inserted).


G. Newly insert the grounds for imposing administrative fines (up to 1 million won) for a person who provides pilot training using an ultra-light vehicle set out under Ordinance of the Ministry of Land, Infrastructure and Transport, such as paragliders, without undergoing safety training (Article 166 (4) 4-2 newly inserted).

 


Major Provisions


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